The proposed amendment to Nigeria’s food and drug regulatory framework has faced opposition from key government institutions and the private sector over concerns that it could duplicate existing agencies’ responsibilities and increase the cost of doing business.
The Nigeria Employers’ Consultative Association (NECA), Standards Organisation of Nigeria (SON) and Federal Ministry of Health and Social Welfare have raised objections to the proposed Food, Medical Products and Related Products (Registration, Etc.) Bill, 2026, calling for further consultations and a review of contentious provisions.
The bill, sponsored by Senator Umar Sadiq Suleiman, passed second reading in the Senate on July 21, 2026. It seeks to repeal the Food, Drugs and Related Products Act, 2004, and establish a new regulatory framework.
In its submission to the Senate Committee on Health, NECA urged lawmakers to exclude tobacco products from the proposed legislation, arguing that the sector is already regulated under dedicated laws.
The employers’ association warned that bringing tobacco products under the proposed framework could create conflicting responsibilities for the National Agency for Food and Drug Administration and Control, the Federal Ministry of Health and Social Welfare, SON and the Nigeria Customs Service.
It said overlapping mandates could expose businesses to multiple registration requirements, duplicated approvals, inconsistent enforcement decisions and higher compliance costs.
NECA also questioned provisions that could expand NAFDAC’s powers over product registration, suspension, seizure, factory operations and enforcement, arguing that such authority must not undermine the statutory responsibilities of other agencies.
The association particularly raised concerns about a proposed ceiling-list mechanism, warning that it could give the agency excessive discretion to restrict products without adequate legal safeguards and oversight.
It called for clearer definitions of regulatory responsibilities, safeguards against unilateral decisions and stronger coordination among government institutions.
The Federal Ministry of Health and Social Welfare also expressed reservations about provisions that could trigger institutional conflicts.
Represented by the Director of Hospital Services, Dr Adebisi Adegoke, the ministry reportedly recommended deferring consideration of the bill to allow broader consultations and ensure that the proposed changes align with its existing regulatory responsibilities.
SON similarly warned that some provisions could conflict with its establishing law and interfere with its statutory functions. It supported further review of the legislation to resolve potential overlaps before proceeding.
Tobacco industry operators have also opposed the proposed framework, arguing that manufacturing, importation, distribution, packaging, health warnings and product standards are already covered by existing regulatory requirements.
They warned that parallel approval and enforcement systems could lead to conflicting directives, administrative delays, additional costs and uncertainty over which agency has authority over particular matters.
The industry stakeholders maintained that their objections were not against public health regulation but against introducing additional layers of oversight without clearly established benefits.
They also cautioned that unpredictable compliance requirements could weaken investor confidence, discourage expansion and undermine efforts to improve Nigeria’s business environment.
NECA urged the National Assembly to ensure that the proposed law complements existing tobacco control legislation, including the National Tobacco Control Act, 2015, and the National Tobacco Control Regulations, 2019.
The association said a coordinated regulatory system with clearly defined mandates would better protect public health while providing businesses with predictable compliance requirements.
It reaffirmed its willingness to engage with lawmakers and other stakeholders to achieve legislation that balances public health objectives with regulatory certainty and economic growth.
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